Page:United States Statutes at Large Volume 114 Part 2.djvu/997

PUBLIC LAW 106-395—OCT. 30, 2000 114 STAT. 1635 United States prior to attaining the age of 16, and the aUen reasonably beHeved at the time of such violation that he or she was a citizen, the £dien shall not be considered to be deportable under any provision of this subsection based on such violation.". (2) FALSELY CLAIMING CITIZENSHIP. —Section 237(a)(3)(D) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(3)(D)) is amended to read as follows: " (D) FALSELY CLAIMING CITIZENSHIP.— "(i) IN GENERAL.—Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is deportable. "(ii) EXCEPTION.—In the case of an alien making a representation described in clause (i), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably beUeved at the time of making such representation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such representation.". (3) EFFECTIVE DATES.— The amendment made by paragraph 8 USC 1227 note. (1) shall be effective as if included in the enactment of section 347 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-638) and shall apply to voting occurring before, on, or after September 30, 1996. The amendment made by paragraph (2) shall be effective as if included in the enactment of section 344 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-637) and shall apply to representations made on or after September 30, 1996. Such amendments shall apply to individuals in pro- Applicability. ceedings under the Immigration and Nationality Act on or after September 30, 1996. (d) PROTECTION FROM CRIMINAL PENALTIES. — (1) CRIMINAL PENALTY FOR VOTING BY ALIENS IN FEDERAL ELECTION. — Section 611 of title 18, United States Code, is amended by adding at the end the following: "(c) Subsection (a) does not apply to an alien if— "(1) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization); "(2) the alien permanently resided in the United States prior to attaining the age of 16; and "(3) the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.". (2) CRIMINAL PENALTY FOR FALSE CLAIM TO CITIZENSHIP. — Section 1015 of title 18, United States Code, is amended by adding at the end the following: "Subsection (f) does not apply to an alien if each natural parent of the alien (or, in the case of an adopted alien, each adoptive